Eleanor Finch
The Illinois Constitution has been amended 15 times, with the most recent amendment being approved by voters on November 8, 2022. Amendments to the state constitution can be made through a constitutional convention, a legislative process, or a citizen-initiated process. The amendment process is outlined in Article XIV of the Illinois Constitution, which also requires that voters be asked at least every 20 years if they desire a constitutional convention. The current Illinois Constitution, adopted in 1970, consists of a preamble, 14 articles, and a schedule. Amendments are limited to structural and procedural subjects contained in Article IV and must be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment.
| Characteristics | Values |
|---|---|
| Number of amendments to the Illinois Constitution | 15 |
| Date of the latest amendment | November 8, 2022 |
| Name of the latest amendment | Amendment 1 |
| What Amendment 1 entails | Right to collective bargaining and the preemption of a right-to-work law |
| Number of signatures required for an initiated constitutional amendment | 8% of votes cast for governor in the previous gubernatorial election |
| Number of votes required for the Illinois General Assembly to place a constitutional amendment on the ballot | 60% (minimum of 71 votes in the Illinois House of Representatives and 36 votes in the Illinois State Senate) |
| Number of votes required for a constitutional amendment to pass | Three-fifths of those voting on the amendment or a majority of those voting in the election |
| Frequency of constitutional convention question on the state's ballot | Every 20 years, starting in 1918 |
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What You'll Learn
Illinois Amendment 1
The Illinois Constitution has been amended 15 times, with the most recent amendment (Amendment 1) being approved by voters on November 8, 2022. This amendment is known as the Illinois Workers' Rights Amendment or the Right to Collective Bargaining Measure.
The amendment adds language to the state constitution, affirming that "employees shall have the fundamental right to organize and bargain collectively through representatives of their choosing for the purpose of negotiating wages, hours, and working conditions, and to protect their economic welfare and safety at work." It also specifies that “no law shall be passed that interferes with, negates, or diminishes the right of employees to organize and bargain collectively."
The Illinois Workers' Rights Amendment sets a new precedent for state labor policy, empowering workers to address issues such as income inequality and unequal power in the economy. It also opens up new pathways for previously excluded workers to unionize and pursue collective bargaining with their employers.
While the amendment has been promoted as a workers' rights initiative, some opponents argue that it is a disguised tax referendum that will lead to substantial tax increases for Illinois residents and small business owners. They claim that it will guarantee higher taxes and debt in the state, including an estimated $2,100 property tax hike for the average Illinois family over the next four years.
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Right to collective bargaining
The Illinois Constitution has been amended 15 times, with the most recent amendment being approved by voters on November 8, 2022. This amendment, known as Amendment 1 or the Workers' Rights Amendment, focuses on the right to collective bargaining.
Amendment 1 provides workers with the right to collective bargaining and seeks to prohibit any law that "interferes with, negates, or diminishes" their ability to organize and bargain collectively. This includes preventing laws that mandate union membership or dues payment as a condition of employment. The amendment also recognises the fundamental right of employees to negotiate wages, hours, and working conditions, as well as protect their economic welfare and safety in the workplace.
The amendment was introduced as Senate Joint Resolution 11 (SJR 11) on May 7, 2021, and passed with strong support in both the Illinois Senate and House of Representatives. The measure was supported by Governor Pritzker, who has maintained a pro-labour stance during his first term.
The passage of Amendment 1 has been hailed as a significant development by labour advocates, with Illinois becoming the first state to enshrine workers' rights in its constitution. Supporters of the amendment believe it sets a precedent for appreciating the contributions of working-class citizens and empowering them to organise and bargain for better wages and working conditions.
However, it is important to note that there was opposition to Amendment 1 as well. Some critics argued that it would entrench the power of public unions in Illinois and hinder potential reforms. There was also a legal challenge to the amendment, with a lawsuit filed against it on the grounds that it allegedly violated the U.S. Constitution by creating a state-law right to private-sector collective bargaining.
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Constitutional revision
The Illinois Constitution provides four mechanisms for amending the state constitution: a constitutional convention, a legislative process, and a citizen-initiated process. The last option, a citizen-initiated process, is also known as an initiated constitutional amendment, which is a citizen-initiated ballot measure that amends a state's constitution. Eighteen states allow citizens to initiate constitutional amendments. In Illinois, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast for the governor in the previous gubernatorial election. Initiated measures in Illinois may only amend Article IV of the Illinois Constitution, which addresses the structure of the Illinois State Legislature.
Article XIV of the Illinois Constitution is titled "Constitutional Revision" and sets up procedures to amend the constitution. According to Article XIV, a question about whether to hold a constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1918. Illinois is one of 14 states that provides for an automatic constitutional convention question. A constitutional convention question can also be placed before the state's voters if 60% of the members of both houses of the Illinois General Assembly vote in the affirmative. If such a question does appear on the ballot, it must be affirmed by a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot in that election.
The current Illinois Constitution has been amended 15 times. Voters last approved a new amendment to the Illinois Constitution on November 8, 2022, when voters approved Amendment 1. Amendment 1, also known as the Right to Collective Bargaining Measure, would prohibit a right-to-work law in Illinois and provide a right to collective bargaining. It would also preempt a right-to-work law and other laws that "interfere with, negate, or diminish" collective bargaining agreements.
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Citizen-initiated ballot measure
In Illinois, the state constitution can be amended through four mechanisms: a constitutional convention, a legislative process, a citizen-initiated process, and a convention-referred process. Citizen-initiated ballot measures, also known as ballot initiatives, are a democratic tool that empowers citizens to directly propose statutes, constitutional amendments, or veto referendums for inclusion on a ballot. This process is an essential mechanism for citizens to participate in law-making and influence public policy.
The citizen-initiated process in Illinois involves several steps. Firstly, an individual or group of citizens must file a proposed ballot measure with a designated state official. This proposal is then thoroughly reviewed to ensure it complies with the state's statutory requirements. Once the proposal is approved, a ballot title and summary are prepared and circulated as a petition to collect signatures. The number of signatures required for an initiated constitutional amendment in Illinois is equivalent to 8% of the votes cast for governor in the previous gubernatorial election. This process ensures that citizen-initiated measures have sufficient support before proceeding.
After the petition has been circulated and the required number of valid signatures is collected, the proposed ballot measure is placed on the ballot for voters' consideration. This stage is crucial as it allows citizens to directly decide on the proposed measure. Depending on the state, ballot measures can include initiated state statutes, initiated constitutional amendments, or veto referendums. In Illinois, citizen-initiated measures are limited to amending Article IV of the Illinois Constitution, which pertains to the structure of the Illinois State Legislature.
There are two primary pathways for citizen-initiated ballot measures: direct initiatives and indirect initiatives. Direct initiatives, also known as direct citizen initiatives, are placed on the ballot without the involvement of the state legislature. They rely solely on citizens' efforts to gather signatures and meet specific requirements related to subject matter and deadlines. On the other hand, indirect initiatives, or indirect citizen initiatives, require both citizens' signatures and approval from the state legislature. This approval can take the form of outright adoption, rejection, or the proposal of a competing measure.
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Constitutional convention
The Illinois Constitution provides four mechanisms for amending the state constitution: a constitutional convention, a legislative process, and a citizen-initiated process.
Article XIV of the Illinois Constitution, titled "Constitutional Revision", mandates that a question about whether to hold a constitutional convention must appear on the state's ballot every 20 years, starting in 1918. This automatic provision is unique to Illinois, which is one of 14 states that allows for an automatic constitutional convention question. The last time this measure was put to a vote was in 2008, and it failed with 67% voting against it.
A constitutional convention question can also be placed before the voters if 60% of the members of both houses of the Illinois General Assembly vote in favour. If the question appears on the ballot, it must be approved by a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot in that election.
Legislative Process
The Illinois General Assembly can propose amendments to the constitution. Amendments approved by a three-fifths vote of the members elected to each house are submitted to the electors at the next general election, provided it occurs at least six months after such legislative approval. Proposed amendments must be published with explanations at least one month before the vote. A proposed amendment becomes effective if approved by three-fifths of those voting on the amendment or a majority of those voting in the election.
Citizen-Initiated Process
Citizens can also initiate constitutional amendments, known as initiated measures, in Illinois. The number of signatures required for an initiated constitutional amendment is 8% of the votes cast for governor in the previous gubernatorial election. These measures can only amend Article IV of the Illinois Constitution, which addresses the structure of the Illinois State Legislature. All amendments must be approved by either a majority of those voting in the election or three-fifths of those voting on the amendment.
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Frequently asked questions
The Illinois Constitution is the fundamental document that outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Article XIV of the Illinois Constitution requires that Illinois voters be asked at least every 20 years if they desire a constitutional convention. The last time this measure was put to a vote was in 2008, and it failed with 67% voting against it.
Amendment 1, or the Right to Collective Bargaining Measure, is a constitutional amendment that prohibits a right-to-work law in Illinois. It was approved by voters on November 8, 2022, and provides a right to collective bargaining, which can address negotiating wages, hours, and working conditions to protect employees' economic welfare and safety at work.
